Prerogatives of the King.

Horowhenua Chronicle, 28 June 1910, Page 4

Prerogatives of the King.

. , THE RIGHT THAT BELONGS TO THE THRONE. (Loind'ou Daily Express.) The King's prerogative lias novel' been defined by statute, and may perhaps be best explained as tlve right to do certain things merely by virtue, of his sovereignity and without special or specific aiiitliorilty. 15 hicks to ne defines prerogative as "a special •pre-eminence which the King halth, over and above all otllier puiisons, and out of fclio ordinary course of the common law in right of Jiis Royal dignity" ; but the more democratic Dicey defines iifc more precisely as "the disorotiojiary authority of the Executive," «iul explains this to .mean everything which the Sovereign or his servants ca.n do without the authority of an Act of Parliament. In souk* matters, the exorcise of the prerogative is to an extent governed ,by <tho advice of his ters; in others it is within the coguisa.ivee of the law; but theoretically ilt is entirely, «an<l it is still largely in fact, the_ exorcise of the Sovereign's own discretion and personal judgment.^ The most extreme matter within the exorcise, off the prerogative is the assent to legislation—a Bill, after having been passed by both Houses ot Parliament requiring itlie assent of the Sovereign before it becomes law. There has been 110 instance of Hio withholding of tlio ftoy.nl Assent since the reign of Queen* Anno, and some writers on Constitutional Laiw are inclined now to regard the assent as mi empty form which the •Sovereign by a desuetude of voto has right to again enforce. But it is difficult to accept such a conclusion in view of the fac/t that there are comparatively recent instances of the use of this veto in relation to colonial legislation. MAKING PEERS. Hie use of the prerogative iiioh has been recently so much to tlitv lore in political discussion with regard to the creation of peers is most interesting. Theoretically the King creates whom 110 will to be of the peers. He can create a man a bv merely sending him- in the proper form—a writ of summons, in which caw, after sitting in Parliament in consequence, a peerage 111 fee is created, heritable by the heirs of the body, which means male or female; or if lie chooses, 110 can create him by patent, when the peerage will be "limited" to the heirs mule or wlnat other heirs (not necessarily descendants of the perso nennobled) are specified in tinpatent. ft is glibly presumed by many that this exercise of the prerogative is now subject to the advice of the King's Ministers. This i.s one of tho gradual changes which Ls going 011 in our Constitution. " There is a story told of Queen \ ictorin , who, orerheauing a casual remark. "Oh, they'll make him a peer," at once turned wiltli the enquiry, 11-0 is it that is going to make liini n peer?" T'liquestionably many peerages have been created in quite recent 'limes, for which neither State nor political nor even party service* could be urged, and which, one must presume, were mere matters of ft oval favour. PRECEDENCE. Another maitter within the prerogative i.s precedence, a matter of very vast importance when it is nut- entirely .ignored, which, in fact, it generally i.s. The precedence of .and within the House ol Lords i.s governed bv a .statute of King Henry Vfll., but outside the House the Sovereign can make, and past Sovereigns have made, hay of the .statutory scale. The Sovereign can assign a,ny person to any place that he chooses, and the last few years have seen a number of alterations. An entirely new scale lias been drawn." til) fo'i S.-eltlaiw[; the children of life neer.s have been given a precedence which considerably upset baronets, and a'/, precedents went by the board when the daughters of the Duke ei 1 ' Fif< were given their present style, rank and precedence. Queen. Victoria gave Prince Henry of Hattenberg the style of Royal Highness, and it is now stated that similar action will be taken bv his Majesty 111 regard to the brothers of the Queen. It i.s quite within his power, but an arbitrary exercise of this kind oaries no further than usage in this country. ft.v the mere exercise of the nrerogatve it is t) 11 ito ",a (' i-e----quent occurrence for warrants of precedence to he issued giving style and precedence to_ children wluch they would have enjoyed if a narenffc had .''nrvived ito inlienit, asal«o warrants that a wirlmv shall have and enjoy the place, style, nnd -recede lice which would have been hers if her husband had survived to be advanced to some intended dignity. J here are precedents of this kiiid even for the rank and privilege of peerage, and there are other warrants for widows authorising the retention of style and precedence after re-marriage. QUALITY OF MERCY. Within the prerogative is the exercise of mercy, and that exercise is unlimited. The judgment of a. competent court, even to the death sentence, needs no greater author- 1 ity for its enforcing, for it is the fiction of law that the King is always present in all of his courlts, but whether or not the prerogative of mercy mis or was not to be exercised was, when Queen Victoria ca.mo tio the throne, the personal decision and a tit of the Sovereign, 'I/his was most repugnant to lier. and an alteration was made by which the personal decision rests with the Home Secretary. But in a comparatively recent -case the Queen took personal action. The Sovereign luas absolute discretion over-riding the advise of Iris Ministers if n-ecossn ry itio dismiss , a < particular Ministor or tjje whole Government, or to dissolve I'aidi merit, but such an extreme use of power has not beeni made sineo the reign of William TV. Magna Oharta, the Bill of ! Rights, nnd the Act of Settlement all limited 'the extent, of tlTe prerogative; but,, still, the King could not personally be punished for any crime, and the only Way of enforcing a civil claim is by petition, of right, which cannot even yet be tried on its menit.s without the ! consent of the Crown. The Rovereign ha.s an absolute veto 011 all c'ol- ' oiiiial legislation, -which is exercised oitlier by the Crown in Council ' or by the Governor, and until leg- • islative powers are granted Itio colonies, the Crown can legislate for them by an Order in Council. As a part of the prerogative, the ] Crown by proclamation," following mi Order in Council, appoints public holidays amd davs of mourning, makes treaties, declares war, aiu. ' make poac->. and grants' COll- - to colonies a.md Chanters of In corporation. " I